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HomeMy WebLinkAbout2014-07-BOS-min Selectmen’s Meeting July 14, 2014 A regular meeting of the Board of Selectmen was held on Monday, July 14, 2014, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Pato, Mr. Kelley, Mr. Cohen and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Reorganization of the Board The first order of business was the election of a Chairman. Mr. Kelley nominated Mr. Pato and there were no further nominations. Upon motion duly made and seconded, it was voted 3-0-1 (Pato abstained) to appoint Mr. Pato as Chairman of the Board of Selectmen effective immediately. Town Manager Report Mr. Valente reported on five items: 1.The Attorney General’s Office has approved the June 16, 2014 Special Town Meeting Articles regarding: Concord Avenue rezoning, procurement for solar energy facilities and amending the bylaw for the Town Counsel’s Annual Report. 2.One of the High School modular classrooms fell off a truck in Connecticut and is unsalvageable; the manufacturer has committed to having a replacement delivered by 7/18 which allows the project to keep on schedule. 3.The Economic Development Director has verbal agreement from the Hartwell Avenue property owners that they will fund 60 percent of the Alewife/Hartwell Shuttle (The REV) beginning September 1, 2014. 4.The Governor signed the FY2015 State budget that provides Lexington with State Aid approximately $1 million greater than the FY2014 amount and $793,000 greater than estimated at Town Meeting. The additional funds will be used to offset the FY2014 snow and ice deficit. 5.A new development project on Muzzey Street might have an impact on the Parking Management Proposal. The project is going before the Board of Appeals to request a waiver for the 20-25 required parking spaces. The staff and Parking Management Group (PMG) will be looking at the implications and also discuss whether it would make sense to approach the Board of Appeals to request that the developer contribute to a parking fund in exchange for the parking waiver. The staff and PMG will return to the Selectmen with specific recommendations. Mr. Kelley recommends that the Selectmen connect with the Planning Board to understand the implications of the parking waiver and get a message to the Board of Appeals requesting that they continue their hearing until the Selectmen can meet to discuss recommendations. Selectmen’s Meeting – July 14, 2014 Grant of Location – National Grid – Fiske Road Ms. Kelleher, representing National Grid, is requesting permission to install approximately 570 feet of 2 inch gas main in Fiske Road from the existing 6 inch main in Winchester Drive southerly to House #18 for new services at #18 and #21. Upon motion duly made and seconded, it was voted 4-0 to approve the petition for National Grid to install and maintain approximately 570 feet of 2 inch gas main in Fiske Road. th Transfer Ownership of the 300 Clock to the Town th Ms. Rockwell, Chair of the 300 Anniversary Celebration Committee, Ms. Rizzo, President of the Lions Club, and Mr. Shaw, Past President of the Rotary Club, presented the Town Clock Deed of Gift and $2,500 for maintenance of the Town Clock to the Selectmen and asked that they accept the clock. They acknowledged the efforts of Eric Carlson who designed the clock and was involved in the building of the clock. The Lions and Rotary wanted to do a joint project th to mark the 300 anniversary and decided on the Town Clock. Mr. Jim Cataldo will be the Keeper of the Clock and make sure it is always running and on time. th The Selectmen thanked the Lexington Lions Club, Lexington Rotary Club and the 300 Anniversary Celebration Committee for all that they do for Lexington and for the contribution of a Town Clock. th Upon motion duly made and seconded, it was voted 4-0 to accept the 300 Anniversary Town Clock Deed of Gift from the Lexington Lions Club and Lexington Rotary Club. Upon motion duly made and seconded, it was vote 4-0, in accordance with Mass. General Laws, th Chapter 44 Section 53A, to accept a gift of $2,500 from the 300 Anniversary Celebrations Committee, Lexington Lions Club and Lexington Rotary Club for the purpose of maintaining the th 300 Anniversary Town Clock. Said funds to be held in a Special Revenue/Gift Account. th A group photo was taken of the members in the audience from the Lions, Rotary, and 300 Committee with the Board of Selectmen and Town Manager. Minuteman High School Update Mr. Horton, Lexington’s Representative to the Minuteman Regional Vocational High School, updated the Board on the status of the amended Regional Agreement and School Building project. He reviewed the following: 1.Adoption of the Revised Regional Agreement. Ten towns have approved the revised Agreement, five have postponed a vote and one has voted no (Wayland). Weston has voted to approve the Agreement but has indicated a desire to withdraw from the district. Selectmen’s Meeting – July 14, 2014 2.Massachusetts School Building Authority (MSBA) Extension. The school has asked the MSBA for an extension until June 30, 2016 for the feasibility study, which would give the remaining towns time to vote on the revised agreement. 3.Enrollment in “New” School. The size of the school will be determined by the MSBA. The Minuteman School Committee voted to request approval from the MSBA of 628 students, which would mean fewer programs could be offered than are currently available. 4.Enrollees at Smaller Minuteman School. The Admissions Policy will be revised and submitted to DESE in September 2014 for approval which will give priority to member- town student applications. 5.Inter-Municipal Agreements (IMA). The Massachusetts Department of Elementary and Secondary Education (DESE) is contemplating attaching a capital fee to the tuition paid by non-member towns. A standard IMA will be developed by a committee and DESE will be asked to approve the language. 6.Two Core Issues. Right-sizing the school and completing passage of the Regional Agreement to see who is in and who is out. Mr. Cohen considers Minuteman Regional High School to be very important to Lexington. He is also concerned about courses that may be dropped, including Cosmetology. Mr. Kelley asked why the Minuteman School Committee voted to support a school with a reduced enrollment. Mr. Horton explained that they do not want to rely on non-member town students. They expect member towns to increase enrollment if a new building is built. There are communities interested in sending students but do not want to pay a capital fee if a non-member and they do not want to be a member town because of the higher assessment. Information should be available in the fall on whether the MSBA recommends renovation or building a new school. At a near future meeting the Board will need to consider the request of some of the district members, to not place a warrant article disapproving withdrawal of a member town at a Town Meeting, and will oppose such a disapproval article or motion. Sign Warrant for September 9, 2014 State Primary Upon motion duly made and seconded, it was voted to sign the September 9, 2014 State Primary Warrant. Selectmen’s Meeting – July 14, 2014 Discuss Scheduling Special Election for Selectman Vacancy A majority of the Selectmen prefer having the election on November 4, the same date as the State Election. The Selectmen had some concern about having the election any earlier to allow candidates enough time to organize campaigns. Ms. Hooper, Town Clerk, explained that the dual election requires an additional check in and check out table for each ballot, which means additional election workers will be needed. Upon motion duly made and seconded, it was voted 4-0 to schedule a Special Election to fill the Selectman vacancy on Tuesday, November 4, in combination with the 2014 State Election. Continued Discussion of the Tourism Committee Parking Pilot Ms. McKenna, Chair of the Tourism Committee, met with the Center Committee and Parking Management Group to discuss short and long-term issues with parking. The Center Committee voted 4-1 that the Pilot Parking Program was a reasonable request for short-term parking. Also discussed at the meeting was whether some new technology should be considered for the Pilot Parking Program. Mr. Valente stated that Engineering is working to determine the amount of space necessary to accommodate the necessary parking/turning radius. There are sufficient parking meters available to install, but the Center Committee would be interested in testing some new meter technology if they could be obtained quickly. The Selectmen do not want to entertain new technology for the Pilot Parking Program. The Selectmen requested that the pilot be discussed again with the Selectmen in September/October 2014 to see if it is a success and consider if it should be continued. They requested that staff bring forward a recommendation to continue if they feel it is successful. Ms. Ciccolo is in favor of the pilot program but will want data that verifies the use of the parking area and suggested that the Visitor Center ask the visitors some parking related questions and provide the data in the fall. Upon motion duly made and seconded, it was voted 4-0 to authorize the installation of six metered parking spaces in the Depot lot, at the Meriam Street side and to open the Meriam Street entrance/exit for this purpose; said pilot program to end on October 31, 2014. Solar Legislation Mr. Pato disclosed that he is one of the 100 households in Lexington gone forward with the Solarize-Lexington Program. He feels there is no conflict because he is one of several hundred people that would be affected by the proposed bill. Selectmen’s Meeting – July 14, 2014 Mr. Sandeen, Chair of the Sustainable Lexington Committee, supports expanding solar energy generation in Massachusetts and recommends that the Selectmen send a letter to Lexington’s Representative and Senators concerning the proposed net metering legislation which is expected to be voted on (House Bill 4185) prior to July 31, 2014. Details of this complex proposal were announced on June 11, 2014; public and solar stakeholders and municipalities were not given adequate time to understand the impact of the proposed legislation. Impacts of the proposed legislation include: 1.Creating a new minimum electric bill that would apply to all customers and result in new monthly charges for many electricity customers; and 2.Limiting access to solar by treating all virtual net metering projects less favorably than behind the meter projects which would affect future projects because it would begin July 1, 2015. The Sustainable Lexington Committee requests that the Selectmen ask the Legislature to initiate an open stakeholder process over the next year to develop better solutions to expand and improve solar access and temporarily raise the net metering cap during that time and implement a stakeholder process. Mr. Kelley thinks NStar is realizing that their revenues are at risk and solar users are actually going to no longer be buying electricity so they are looking for ways to protect their revenue. He asked if the minimum charge reflects the distribution element of the electric company or both distribution and generation element of the billing so everyone will pay the minimum amount. Mr. Sandeen stated that as the proposed bill is written the utilities are required to assign all non- volumetric charges (fixed costs) as a minimum. Currently Lexington schools have fixed costs so have to do virtual net metering. Mr. Kelley asked if it was likely to see behind the metering system in residential rates as opposed to net metering to try to hold on to revenue. Mr. Sandeen stated that the way the proposed legislation is written residential homeowners do not have any option except behind the meter. The proposed legislation would put residential homes in same category as the Town, which could adversely affect all the people signed up for the Solarize-Lexington Program before the current session ends. Mr. Cohen is concerned about the complexity of the letter and wonders if the Legislature will be able to digest all of the information before the current session ends. Ms. Ciccolo suggested given the complexity of the issue that each Selectmen contact Lexington’s Representative and Senators. Selectmen’s Meeting – July 14, 2014 Mr. Cumbie, Precinct 6, Vice President of Transformations Inc. has read the proposed legislation and says it would hurt the growth of solar in Massachusetts. He said the Bill has tremendous momentum in the Legislature. The process has been troublesome; the bill was announced by email one day, there was a meeting the next day, a compromise by the Department of Energy Resources (DOER) was worked out with the utilities and is now before the Legislature to get passed. It is a complex issue; the net metering cap should not be eliminated completely but incrementally adjusted while the issue is examined. The utilities are using the Bill as a bargaining chip. He urges the Selectmen to sign and send the letter. Upon motion duly made and seconded, it was voted 4-0 to sign and send a letter to the Chair of the House Ways and Means Committee requesting he consider substituting the original Smizek and Petrucelli bill (House Bill 4185) that eliminates the caps on net metering and instructs the Department of Energy Resources (DOER) to initiative an open stakeholder process over the next year to develop better solutions that improve and expand access to the benefits of solar for everyone in Massachusetts. School Transportation and Safety Study Committee Final Report Ms. Crocker and Mr. Weeks from the Ad Hoc School Transportation and Safety Study Committee presented the Final Report of the Committee. They reviewed:  who served on the committee,  the philosophy for effecting positive change,  the need for cooperation and interaction between the School Transportation, Community Education and Public Safety,  Charge 1 identified proposal(s) to reduce the cost of school bus service and increased ridership,  Charge 2 identified ways to increase school bus timeliness by increasing the number of buses,  Charge 3 proposed initiatives to promote school bus ridership by creating a Flexpass program, Ride After program, art and slogan contest, creating Public Service Announcements, coordinate bus registration and open house with Lexington’s Bike Walk ‘n Bus Week, promote bus subsidy and bus registration improvements,  Charge 4 proposed approaches to address traffic and pedestrian safety concerns in and around the schools with Safe Routes to School and DPW-sponsored 2013 School Zone Evaluation grant, creating Safety Greeter Kits, introducing concept of School Committee being property owners, do a WorldTech Preliminary LPS Traffic and Mitigation Study, work with Selectmen and Police to codify school and municipal signage, do a Clarke Bus Loop Study and draft a School Traffic and Mitigation Policy. Selectmen’s Meeting – July 14, 2014 Ridership has increased significantly in all the schools over the last two years: 811 additional students are riding the school’s mass transit system; seven additional buses are added and 1,100+ students use the Flexpass/Ride After programs. The following are work in progress:  Draft School Traffic and Mitigation Policy (Spring 2014),  Coordinated safety communication between Police and Schools (Spring 2014), School infrastructure improvements (2013-2016),  Appropriate placement of Safe Routes to School Coordinator (Fall 2014).  Continue to communicate uniform behavior expectations to staff, administration, parents and students (ongoing)  Create GIS mapping of school property signage and pavement markings (2014-2016), and  Establish bus captains to improve site management of student arrival and dismissal (FY2015). The Committee determined that the following items are the highest priority policy issues to address:  Establish uniform student drop-off and pick-up procedures,  Establish uniform penalties for failing to abide by traffic rules, and  Establish what is allowed and what is not on school property so that the LPD can assist school principals. The Committee makes the following recommendations to the School Committee, Superintendent, Selectmen, Public Facilities and Public Works:  Update school handbooks to communicate school hours, traffic individual school plans, and LPS policy;  communicate with bi-annual parent reminders;  continue to embrace Safe Routes to School as a means to encourage student walkers, bikers and bus riders;  continue to fund Sidewalk Committee and Public Facilities as a means to improve Town and School infrastructure;  propose quarterly meetings between Public Facilities, Public Works, Safe Routes to School, Schools and Police to continue a working collaborative for addressing shared responsibilities of short-term and long-term goals;  Continue to support principals; and  Continue to create incentives for walkers, bikers, bus riders. The Selectmen appreciate the hard work of the Committee and look forward to the future success of transportation and safety recommendations for the schools. Selectmen’s Meeting – July 14, 2014 Mr. Kanter, Capital Expenditures Committee (CEC), clarified that the CEC and Town Meeting endorsed funding for the School Transportation and Study Committee recommendations and he looks forward to requests for follow-up phases. Upon motion duly made and seconded, it was voted 4-0 to receive and place on file the Final Report of the Ad Hoc School Transportation and Safety Study Committee. Review of Draft Community Center Historic Preservation Restriction Mr. Valente provided the Board with a revised version of the Community Center Historic Preservation Restriction that incorporates comments from the Selectmen, Department of Public Facilities, Historical Commission and Historical Society. Ultimate approval is by the Massachusetts Historical Commission. Open issues include: how the town will provide handicapped accessibility to the mansion portion of the facilities and whether the entire parcel or just a portion of it should be restricted for historic preservation purposes. Primary changes include designating the entire premises, not just the buildings in the restriction. The Historical Commission feels the entire site should be protected, including the interior of the building. Photographs have been taken of the important features of the interior which will be included in the restriction. Exhibit D allows the Town to make certain improvements to the site and the changes suggested will allow an addition to the site as discussed at Town Meeting (a gym and/or large function room) and anything related to those structures (kitchen, restrooms, meeting rooms). Any improvements made will also allow improvements required by zoning. An added provision allows the Town to remove the brick wall behind the old mansion; the only reason is the wall nd would be removed is to add the 2 access road in the rear. This revised Preservation Restriction Agreement is still being reviewed by the stakeholders. There will likely be a few more versions before it can be approved by the Selectmen. Mr. Valente stated the Restriction needs to be finalized before the Town signs a contract with the contractor who will do the work at the Community Center; the document also needs to be acceptable to the Massachusetts Historical Commission, who has to approve the document. Mr. Cohen suggested the any reference to ordinances should be changed to bylaws. Mr. Pato is concerned about how much of the property the Restriction is preserving since the document is in perpetuity. He would like the document worded to allow a municipal use on the front open space in the future that would be compatible with the Community Preservation Act. Selectmen’s Meeting – July 14, 2014 Mr. Kanter, Capital Expenditures Committee, Liaison to Community Center Advisory Committee and Community Preservation Committee, provided the Board with written comments with suggested changes for the Historic Preservation Restriction for the Selectmen to consider. Mr. Pressman, 22 Locust Avenue, is concerned that the current Restriction would not allow any affordable housing to be built on the property. He feels it is important to have an option to build some affordable housing on the property. The housing could look like the mansion. Ms. Manz, Precinct 9, feels the Town needs to be careful as it plans the future of the property because the document will be in perpetuity. In addition to considering housing, the Town may wish to make other extensions, improvements or structures on the property to serve the expanding needs of the Community Center or other community purpose. She asked the Selectmen to consider adding to Section 5 those improvements and structures that may be installed without permission from the Grantee by right and that has been designated in Exhibit D. She also proposed adding a paragraph: “Grantor’s Rights Requiring Further Approval of the Grantee: constructing and installing such improvements and structures as may be determined by the Grantee to be in harmony with the historical and cultural features of the premises and not in contravention of existing deed restrictions or applicable state, local and federals laws, rules by laws and regulations and not in contravention to either of the Secretary of Interior Standards for Rehabilitation.” Giving Restriction to the Historical Society to hold and will exercise judgment that may occur in the future and we should allow ourselves some reign so we or our successors can go to the Historical Society and propose a harmonious use of the property that is not detrimental to its historical value. This would allow the Town in the future to make full and good use of the property. Ms. McKenna, 9 Hancock Street, feels it is important that any solar installed on the property is not visible from any part of the property; that the historic preservation of the land is more important than solar. She also thinks the property was purchased partly for the beauty of the open space and the Town should consider what kinds of outdoor events could be held there. The restriction should not allow any future building. She urged the Selectmen to put a real restriction on the parcel of grass in front of the mansion. Mr. Manz, 14 Ellison Road, hopes that the Restriction does not set the property on a course to leave the property unused. Revision to FY2014 Approved Salary Adjustment and New Request for 3% Transfer Mr. Kalivas, Budget Officer, explained that the Salary Adjustment Account transfers previously approved by the Selectmen on June 30, 2014, were insufficient and need to be revised by $128,400. Part of the last week of FY2014 was not included previously (the remainder of the week is covered by funds appropriated for FY2015). Staff is also proposing an additional Three Percent Rule transfer from the Finance Department Expenses for $4,700 and the Selectmen’s Office Expenses for $2,000 to the Legal Services budget to cover year-end billing that was in excess of the original appropriation. Selectmen’s Meeting – July 14, 2014 Upon motion duly made and seconded, it was voted 4-0 to approve and sign the revised Salary Adjustment Account transfers and the additional Three Percent Rule transfers, as presented. Approve Town Manager Employment Agreement Mr. Kelley and Mr. Cohen negotiated with the Town Manager to finalize a new Employment Agreement for Mr. Valente for another three years. The Board is very pleased with the Town Manager and hope he will stay for another 25 years. Upon motion duly made and seconded, it was voted 4-0 to approve and sign the Employment Agreement between the Town of Lexington and Carl F. Valente for three years commencing July 11, 2014 through July 11, 2017. Discuss Selectmen Liaisons and Memberships on Boards and Committees Mr. Pato requested that the Board review the list of Selectmen Liaison/Memberships and let him know by Monday, July 21, what committees and boards they are willing to continue on, those they are willing to take on, and those they do not wish to be on. The Committees/Boards that Ms. Mauger and Mr. Manz handled have to be redistributed now and then again when a new Selectman is elected. Mr. Cohen emphasized that the Selectmen cannot attend all the committee meetings, but the committees/boards should feel that they can contact their liaison if there are questions or issues to discuss. Committee Appointments/Resignations Bicycle Advisory Committee Upon motion duly made and seconded, it was voted 4-0 to accept the resignation of Stew Kennedy from the Bicycle Advisory Committee, effective immediately. Community Farming Committee Upon motion duly made and seconded, it was voted 4-0 to accept the resignation of Michelle Ciccolo from the Community Farming Committee, effective immediately. Upon motion duly made and seconded, it was voted 4-0 to appoint Raul Marques-Pascual to the Community Farming Committee to fill the unexpired term of Michelle Ciccolo until September 30, 2014. 2014 Election Officers Upon motion duly made and seconded, it was voted 3-0-1 (Mr. Cohen abstained) to appoint Election Officers as presented in a memo from the Town Clerk dated July 3, 2014 for the period beginning September 1, 2014. Selectmen’s Meeting – July 14, 2014 Consent Agenda Approve Use of the Battle Green – This Old House and Lexington Minute Men Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Lexington Minute Men and This Old House to use the Battle Green on Saturday, July 26, 2014, from 8:00 a.m. to 3:00 p.m. for drilling on the Battle Green with This Old House filming. Approve Use of the Battle Green – Tourism Filming Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Tourism Committee to use the Battle Green between Friday, July 18, 2014, and Sunday, July 20, 2014, for filming in-language videos targeting Chinese, French and UK markets for marketing through Brand USA. Approve Use of the Battle Green – Jansen Wedding Upon motion duly made and seconded, it was voted 4-0 to approve the request of Laura Jansen to use the Battle Green on Saturday, September 27, 2014, from 10:00 a.m. to 1:00 p.m. for her wedding. Documents Presented 1.Final Design Enrollment – Proposed Changes in a 628 Student Minuteman School, June 17, 2014 and Review of NESDEC Revisions versus DESE Actual versus MSBA Projected Enrollment. 2.David Kanter Comments on Draft Community Center Historic Preservation Restriction, Presented to Selectmen on July 14, 2014. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session to discuss strategy with respect to collective bargaining related to the Fire Union and to consider the purchase, exchange, lease or value of real property at 430 Concord Avenue and to reconvene in Open Session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 9:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting July 28, 2014 A regular meeting of the Board of Selectmen was held on Monday, July 28, 2014, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Pato, Mr. Kelley, and Mr. Cohen; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Pato reported that the Conservation Stewards, with 30 volunteers from Cubist Pharmaceuticals, rebuilt the Dunback Meadow Bridge and boardwalk restoration project. Omni Crushed Grapes Liquor License Hearing Mr. Pato opened the hearing at 7:03 p.m. Mr. Schaffer, Attorney for the J&T Enterprises of Massachusetts, Inc., explained that the store had closed and he has been working with a broker and has discussed the possible sale with six potential buyers. He requested that the Selectmen not cancel the liquor license at this time so they can pursue possible buyers for the location at 411 Waltham Street. He feels there would be value to a buyer because of current customers that the space is set up for a package store and it’s a good location. Also easier to sell the business if the license is not cancelled. The Selectmen agree that the license should be cancelled since the business is currently not operating and Lexington has additional liquor licenses available. It was pointed out that any new buyer would have to apply to the Selectmen for a liquor license. Upon motion duly made and seconded, it was voted 3-0 to cancel the Retail Package Goods Liquor License of J&T Enterprises of Massachusetts, Inc., d/b/a Omni’s Crushed Grapes and More, 411 Waltham Street. The hearing was closed at 7:21 p.m. Review and Approve Energy Management Services Contract (Solar Installation for Municipal and School Buildings) Mr. Sandeen and Mr. Voss, members of the Sustainable Lexington Committee and Solar Task Force, provided an update on the rooftop solar program. They recommend that the Selectmen approve the award of the rooftop Power Purchase Agreement to Ameresco and authorize the Town Manager to sign the associated agreements to execute the transaction. Selectmen’s Meeting - July 28, 204 Mr. Voss explained that the agreement with Ameresco includes an anticipated and expected level of generation from the solar panels which is based on the Town paying Ameresco 13 cents for each kilowatt of electricity generated. If they do not meet the guaranteed level they will pay damages and make the Town whole for any shortfall. If the level is exceeded the Town will receive a benefit from NStar. Mr. Kanter, Capital Expenditures Committee, asked whether the economic benefit would be linear over the extra 5 years. Mr. Sandeen expects the Town would purchase the system in the out-years and would not be required to purchase solar electricity and thus would have a higher rate of return. Mr. Kanter asked for clarification on the economic benefit at the 20 year point. Mr. Sandeen stated $3.2 to $3.8 million. Mr. Kanter felt it was important to point out the substantial difference at the 20 year point below what was presented, which is $5.6 million at 25 years. Mr. Voss stated the contract includes an option to extend the contract with Ameresco for an additional 5 years, which provides the Town with higher benefits greater than $3.8 million. Mr. Levine, Appropriation Committee, clarified that the 13 cents per kilowatt hour is part of the Ameresco contract, but the 22 cents is not part of the contract. It is only a projection of what the Town could get back. Mr. Cohen plans to support the project for the health benefits. Projections may or may not be true. Ms. Pollen, Cadmus Group, stated that utilities work together with developers and others to secure the net metering in Massachusetts. The process is vetted through the Department of Public Utilities. Mr. Kelley asked what the risks were if the program ends because the utilities cannot sell the electricity they committed to buy. Ms. Pollen, stated the contract includes a provision for any changes in law and protects the Town if that happens. Upon motion duly made and seconded, it was voted 3-0 to authorize the Town Manager to enter into a Solar Power Purchase Agreement with Lexington Municipal Solar LLC and to approve all relevant documents and submissions on behalf of the Town including a Payment-in-lieu-of Taxes Agreement, for a 20-year term with up to three additional terms of 5 years each, subject to Town Meeting approval, and in accordance with Chapter 32-4 of the Code of the Town of Lexington. Selectmen’s Meeting – July 28, 2014 Approval of Comcast Cable TV Renewal License Mr. Becker, Communications Advisory Committee (CAC) and Subcommittee on Negotiations, explained that negotiations ended with Comcast over a month ago. Since the current Comcast license expires the end of August, the Cable Attorney suggests doing a “Preliminary Denial of License Renewal”, which puts Comcast on notice that Lexington is not satisfied with the negotiations. This action would allow Comcast to show us that they are worthy of getting a renewal license with Lexington and also allows negotiations to continue after the current license expires the end of August. The Selectmen need to send a letter that they voted to issue a preliminary assessment of denial of Comcast and the reasons for the denial. Upon motion duly made and seconded, it was voted 3-0 that the Board of Selectmen, in its role as statutory Issuing Authority for the Town of Lexington, is hereby issuing a preliminary assessment of denial of Comcast of Massachusetts III, Inc.’s cable television renewal proposal to the Town of Lexington, dated May 2, 2014, authorize its Chairman to send a copy of said motion, issue a written Statement of Reasons, in accordance with 207 CMR 3.06(3), detailing the reasons for its preliminary assessment of denial and authorize its Chairman to send a copy of the Statement of Reasons to Comcast. Public Works Update on Summer Construction and Update on Bedford Street/Hartwell Avenue Intersection Pedestrian Crossing Mr. Hadley, Public Works Director; Mr. Pinsonneault, Manager of Public Works Operations; and Mr. Livsey, Town Engineer, updated the Board on the following construction projects: Tax Levy Projects  Comprehensive Stream Management Plan (Charles River, Shawsheen River and Mystic River)  NPDES Phase II – Stormwater General Permit  Storm Drain Improvements  Butterfield Dam  Concord Avenue Sidewalk Design and Construction  Center Business District Streetscape Design  Three Intersection Projects along Mass. Avenue  Street Improvements (5 miles of roadway paving and reconstruction, including sidewalk replacement and installation of accessible pedestrian ramps)  Westview Cemetery Irrigation  Park Improvements – Athletic Fields  Hastings Park Irrigation  Town-wide Sidewalk Improvements  Estabrook School/Grove Street Improvements  Robinson Road Sidewalk Selectmen’s Meeting – July 28, 2014  Culvert Replacement (Concord Avenue, Revere Street, North Lexington Brook and the Bikeway near Camellia Place)  Minuteman Bikeway Culvert (Seasons Four and Munroe Center)  Hartwell Avenue Improvements  Traffic Island Renovation at Hartwell Avenue Enterprise Funds  Water System Improvements  Sanitary Sewer Improvements  Pump Station Upgrades Community Preservation Funds  Monument Conservation/Repair at the Historic Cemeteries  Old Reservoir Stormwater Improvements  Pine Meadows Golf Course Preservation  Hastings Park Gazebo  Center Playfields Drainage Improvements  Battle Green Area Master Plan Implementation  Lincoln Park Field Improvements Revolving Fund  Hartwell Avenue Culvert  Hartwell Avenue Organics Facility  Hartwell Avenue Security  Park and Playground Improvements Grant Funds  Spring Street/Concord Avenue Intersection Improvements and Hayden Avenue Sidewalk Improvements  Bikeway Wayfinding Grant Miscellaneous  Center Playfields Bathroom (Revolving Fund)  Hydrant Replacement (Enterprise Fund)  DPW Equipment (Tax Levy/Enterprise Fund)  Environmental Monitoring (Tax Levy)  Antony Park State and Federal Funds  Grove Street/128 Bridge Repairs  Route 2/128 Bridge Construction  Marrett Road Resurfacing – from Spring Street to Wilson Road Selectmen’s Meeting – July 28, 2014 Other  Town of Bedford Relining Sanitary Sewer Main along Bedford Street from Town Line to Route 128 ramps  Lexington Skateboard Park Mr. Hadley explained that since the new induction type street lights project was completed in December 2010, replacements have been installed, which are under warranty. Public Works is working with Town Counsel on warranty language. Since the new induction lights have been installed the electricity costs have been reduced by $110,000. LED streetlights have been installed in the Center as a pilot program. Mr. Kelley asked whether it was time to consider switching the streetlights to LED and whether there would be an NStar program as incentive to switch to LED lights. Mr. Hadley has not talked with NStar about a possible program and incentives. He is waiting for the outcome of the lawsuit and the thought is to consider using the money they hope to receive from the vendor to switch to LED so there will be no cost to the Town. Mr. Kelley asked about the Lincoln Park issues and how the fall sports will be handled. Mr. Pinsonneault explained that the field is being reviewed by an independent service to see if the grass can be removed and put back properly and whether that would affect the warranty. Should know how to move forward in a couple of weeks. As a precaution the field has been closed and arrangements have been made to find different fields for groups who had reserved the Lincoln Park fields. Mr. Kanter, Capital Expenditures Committee, suggested checking to see if Community Preservation funds could be used for the Minuteman Bikeway culvert repairs. MBTA Letter Regarding Town Meeting Resolution for Additional Services to Lexington Article 24 (Public Transportation in Lexington) was approved at the 2014 Annual Town Meeting and it was a resolution for the Selectmen to explore with the Massachusetts Bay Transportation Authority (MBTA) the possible expansion of service to the Town to accommodate late night and weekend riders on bus routes serving Lexington. The Transportation Coordinator with input from the Transportation Advisory Committee provided a proposed letter to send to the MBTA. Upon motion duly made and seconded, it was voted 3-0 to send a letter to the Massachusetts Bay Transportation Authority regarding expanding service in Lexington and neighboring communities. Selectmen’s Meeting – July 28, 2014 Joint Discussion with Planning Board – Fill Vacancy for Planning Board Also present: Planning Board Members Mr. Hornig, Chair, Mr. Canale, Mr. Dunn and Ms. Corcoran-Ronchetti. The Selectmen began a joint meeting with the Planning Board to fill the vacancy on the Planning Board when Mr. Zurlo resigned. The meeting began at 8:30 p.m. Mr. Zurlo submitted his resignation, effective June 17, 2014. The Selectmen voted on June 19, 2014 to issue a Notice of Intent and a legal notice was placed in the Lexington Minute Man on June 26, 2014 requesting candidates. Ginna Johnson was the only candidate to submit her interest in the position. Ms. Corcoran-Ronchetti explained that the Planning Board met with Ms. Johnson and they recommend that she be appointed to fill the vacancy. Mr. Hornig recused himself from the vote because of a business relationship with the recommended candidate. Upon motion duly made and seconded, it was voted 6-0 by roll call of the Planning Board and Board of Selectmen to appoint Ginna Johnson to the Planning Board to fill the unexpired term of Gregory Zurlo until the Annual Town Election in March 2015. Discuss 21 Muzzey Street Proposed Development The Planning Board remained in session during this item. Mr. Valente explained that since the Board was made aware of this project at the July 14 meeting, the staff recommends that the Board of Appeals approve waiving the parking requirements and include a Mitigation Agreement between the Board of Selectmen and the Developer. Mr. Hornig, Planning Board Chair, stated the Planning Board is in agreement that a Mitigation Agreement would be appropriate. Mr. Kelley wants to make sure that a parking plan for this property will work for other properties on Muzzey Street that he thinks will come before the Town at some point and which will involve demolishing and rebuilding bigger buildings. Mr. Cohen agrees with Mr. Kelley, except he does not believe approve this project will make a precedent for other projects later. Every project is different and must be judged on its own. Mr. Pato agrees that a mitigation agreement should be approved as part of the Board of Appeals approval. Mr. Hornig stated that the Planning Board was concerned about the height of the proposed building because Town Meeting a few years ago voted against increased height allowed in the center district and this project would be in conflict with that vote. Selectmen’s Meeting – July 28, 2014 Mr. Cataldo, Developer, stated that the height of buildings in the area are 2½ -3 stories; also they have met with the Historic Districts Commission who does not want to see a flat roof structure in that area. Upon motion duly made and seconded, it was voted 3-0 to authorize the Town Manager to negotiate, for the Selectmen’s approval and signature, a Memorandum of Agreement with the developer of 21 Muzzey Street, to mitigate the zoning requirement for parking for that proposed development. The Planning Board adjourned their meeting at approximately 8:45 p.m. Elimination of Disposition/Burial Permit Fee Mr. Valente explained that the Town Clerk recommends that the $15 burial fee be eliminated since a new electronic death certificate processing system starting August 1, 2014 will reduce the work required for issuance of the permits. Upon motion duly made and seconded, it was voted 3-0 to eliminate the $15 fee for issuance of disposition/burial permits, effective August 1, 2014. Approve Increase in Authorization for PEG Access Resolving Fund Mr. Addelson, Assistant Town Manager for Finance, explained that at the 2013 Annual Town Meeting an FY2014 spending ceiling of $450,000 was voted for the PEG Access Fund. The ceiling was later increased to $490,000 to finance the proposed installation of fiber optic cable in Bedford Street to provide a redundant pathway for the Town’s computer network. A fiscal year- end analysis of the PEG Access Fund shows that the ceiling needs to be increased to $561,000 to cover the following: $13,274 for salary of Facilities Department employee who supports the delivery of LexMedia programming; $4,880 for legal services provided to the Communications Advisory Committee in support of negotiations of cable contract renewals; and $45,115 for fitting out the large meeting room at the Library to accommodate broadcasts by LexMedia. The Appropriation Committee and Selectmen need to approve this request to increase the FY2014 spending ceiling from $490,000 to $561,000. The current balance of the Revolving Fund is $913,000. Upon motion duly made and seconded, it was voted 3-0 to approve the increase in the FY2014 spending ceiling for the PEG Access Resolving Fund from $490,000 to $561,000. Approve Limousine License Renewal – R&M Ride Upon motion duly made and seconded, it was voted 3-0 to approve the application and issue one (1) Limousine License to R&M Ride, 24 Deering Avenue. Selectmen’s Meeting – July 28, 2014 Approve and Sign Eagle Letter Congratulating Justin Krasinski Upon motion duly made and seconded, it was voted 3-0 to send a letter of commendation to Justin Krasinski congratulating him on attaining the highest rank of Eagle in Boy Scouting. Town Manager Appointments Upon motion duly made and seconded, it was voted 3-0 to approve the Town Manager’s appointment of Ellen Cameron and Richard McDonough to the Council on Aging for terms to expire May 31, 2017. Liaisons and Memberships on Boards and Committees The Selectmen discussed the proposed Selectmen Liaison and Memberships on Boards and Committees. The assignments will be revisited after a new Selectman is elected in November. Approve Changes to 2020 Vision Committee Charge Mr. Dixon, a member of the 2020 Vision Committee, explained that the Committee revised the charge to provide a better description of what the Committee does and to include guidelines to follow for current and future members. Upon motion duly made and seconded, it was voted 3-0 to adopt the revised charge of the 2020 Vision Committee. Approve Selectmen Committee Changes Monuments and Memorials Committee Upon motion duly made and seconded, it was voted 3-0 to accept the resignation of Peter Kelley from the Monuments and Memorials Committee, effective immediately. Upon motion duly made and seconded, it was voted 3-0 to appoint Kathryn Jacob to the Monuments and Memorials Committee to fill the unexpired term of Peter Kelley until September 30, 2014. Upon motion duly made and seconded, it was voted 3-0 to appoint Bebe Fallick to the Monuments and Memorials Committee, representing the Tourism Committee, until September 30, 2015. Fund for Lexington Upon motion duly made and seconded, it was voted 3-0 to accept the resignation of Deborah Mauger from the Fund for Lexington Board, effective immediately. Selectmen’s Meeting – July 28, 2014 Upon motion duly made and seconded, it was voted 3-0 to appoint Peter Kelley to the Fund for Lexington Board. Hanscom Area Towns Committee (HATS) Upon motion duly made and seconded, it was voted 3-0 to accept the resignation of Deborah Mauger from the Hanscom Area Towns Committee, effective immediately. Town Report Committee Upon motion duly made and seconded, it was voted 3-0 to appoint Tanya Morrisett and Hank Manz to the Town Report Committee for a term to expire September 30, 2015. Munroe Center for the Arts Upon motion duly made and seconded, it was voted 3-0 to reappoint Peter Kelley to the Munroe for the Arts Board for a 3-year term to expire July 31, 2017. Consent Water and Sewer Commitments Upon motion duly made and seconded, it was voted 3-0 to approve the following water and sewer commitments: Commitment of Water and Sewer Charges Cycle 9 June 2014 $ 313,777.63 Commitment of Water and Sewer Charges Finals June 2014 ($53,798.45) Approve Use of the Battle Green – LexFUN Halloween Parade Upon motion duly made and seconded, it was voted 3-0 to approve the request of LexFUN to use the Battle Green on Saturday, October 25, 2014, from 9:40 a.m. to 12:00 noon for the annual Halloween Parade. Delegate Street Musician Licensing to Town Manager’s Office Upon motion duly made and seconded, it was voted 3-0 to delegate Street Musician Licensing to the Town Manager’s Office until the Code of the Town of Lexington Chapter 76-3 can be revised at the next Annual Town Meeting. Approve Cost of Living Adjustment for Non-Represented Staff Omitted from the List Voted on June 30, 2014 Upon motion duly made and seconded, it was voted 3-0 to approve the cost of living adjustment for non-represented staff (Assistant to the Project Manager and Recording Secretary for the Department of Public Facilities) who were omitted from the list voted on June 30, 2014. Selectmen’s Meeting – July 28, 2014 Approve Lexington Minute Men Request for Cannon Salutes on the Battle Green Upon motion duly made and seconded, it was voted 3-0 to approve the request of the Lexington Minute Men to conduct cannon salutes on the Battle Green during their Change of Command ceremony on Saturday, October 4, 2014 between 12:00 noon and 4:00 p.m., subject to receiving the necessary approval/permit from the Fire Department and contacting Public Works to schedule a walk-through for the cannon prior to the event. Approve Selectmen Minutes Upon motion duly made and seconded, it was voted 3-0 to approve the minutes of May 19, 2014, June 2, 2014, June 9, 2014, June 16, 2014, June 19, 2014, June 30, 2014 and July 14, 2014. Approve Selectmen Executive Session Minutes Upon motion duly made and seconded, it was voted 3-0 to approve the executive session minutes of May 19, 2014, June 2, 2014, June 30, 2014 and July 14, 2014. Upon motion duly made and seconded, it was voted to adjourn at 9:05 p.m. A true record; Attest: Lynne A. Pease Executive Clerk